ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

43 U.S.C. § 1762 — Roads

submitted 50 years ago by Pub. L. 94-579 to r/title-43-PUBLIC-LANDS · 627 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section authorizes the Secretary to acquire, build, and maintain roads within and near public lands. It provides several ways to finance them and rules for recording land instruments, assigning maintenance and reconstruction costs, and paying a grantor when road-use payments are delayed.

(a) Authority to acquire, construct, and maintain; financing arrangements The Secretary, about the public lands, is authorized to provide for the acquisition, construction, and maintenance of roads within and near the public lands in locations and according to specifications which will permit maximum economy in harvesting timber from that lands tributary to that roads and at the same time meet the requirements for protection, development, and management of that lands for utilization of the other resources of it. Financing of that roads can be accomplished (1) by the Secretary utilizing appropriated funds, (2) by requirements on purchasers of timber and other products from the public lands, including provisions for amortization of road costs in contracts, (3) by cooperative financing with other public agencies and with private agencies or people, or (4) by a combination of these methods: Provided , That, where roads of a higher standard than that needed in the harvesting and removal of the timber and other products covered by the particular sale are to be constructed, the purchaser of timber and other products from public lands must not, except when the provisions of the second proviso of this subsection apply, be required to bear that part of the costs necessary to meet that higher standard, and the Secretary is authorized to make that arrangements to this end as can be appropriate: Provided further , That when timber is offered with the condition that the purchaser of it will build a road or roads following standards specified in the offer, the purchaser of the timber will be responsible for paying the full costs of construction of that roads. (b) Recordation of copies of affected instruments Copies of all instruments affecting permanent interests in land executed under this section must be recorded in each county where the lands are located. (c) Maintenance or reconstruction of facilities by users The Secretary can require the user or users of a road, trail, land, or other facility administered by him through the Bureau, including purchasers of Government timber and other products, to maintain that facilities in a satisfactory condition commensurate with the particular use requirements of each. Such maintenance to be borne by each user must be proportionate to total use. The Secretary can also require the user or users of that a facility to reconstruct the same when that reconstruction is determined to be necessary to accommodate that use. If that maintenance or reconstruction cannot be so provided or if the Secretary determines that maintenance or reconstruction by a user would not be practical, then the Secretary can require that sufficient funds be deposited by the user to provide his portion of that total maintenance or reconstruction. Deposits made to cover the maintenance or reconstruction of roads are by this section made available until expended to cover the cost to the United States of accomplishing the purposes for which deposited: Provided , That deposits received for work on adjacent and overlapping areas can be combined when it is the most practicable and efficient manner of performing the work, and cost of it can be determined by estimates: And provided further , That unexpended balances upon accomplishment of the purpose for which deposited must be transferred to miscellaneous receipts or refunded. (d) Fund for user fees for delayed payment to grantor Whenever the agreement under which the United States has obtained for the use of, or in connection with, the public lands a right-of-way or easement for a road or an existing road or the right to use an existing road provides for delayed payments to the Government’s grantor, any fees or other collections received by the Secretary for the use of the road can be placed in a fund to be available for making payments to the grantor.

A quoted term that this section does not define keeps its quoted meaning; this section does not define it.

the actual law source: uscode.house.gov ↗public domain
(a) Authority to acquire, construct, and maintain; financing arrangements

The Secretary, with respect to the public lands, is authorized to provide for the acquisition, construction, and maintenance of roads within and near the public lands in locations and according to specifications which will permit maximum economy in harvesting timber from such lands tributary to such roads and at the same time meet the requirements for protection, development, and management of such lands for utilization of the other resources thereof. Financing of such roads may be accomplished (1) by the Secretary utilizing appropriated funds, (2) by requirements on purchasers of timber and other products from the public lands, including provisions for amortization of road costs in contracts, (3) by cooperative financing with other public agencies and with private agencies or persons, or (4) by a combination of these methods: Provided, That, where roads of a higher standard than that needed in the harvesting and removal of the timber and other products covered by the particular sale are to be constructed, the purchaser of timber and other products from public lands shall not, except when the provisions of the second proviso of this subsection apply, be required to bear that part of the costs necessary to meet such higher standard, and the Secretary is authorized to make such arrangements to this end as may be appropriate: Provided further, That when timber is offered with the condition that the purchaser thereof will build a road or roads in accordance with standards specified in the offer, the purchaser of the timber will be responsible for paying the full costs of construction of such roads.

(b) Recordation of copies of affected instruments

Copies of all instruments affecting permanent interests in land executed pursuant to this section shall be recorded in each county where the lands are located.

(c) Maintenance or reconstruction of facilities by users

The Secretary may require the user or users of a road, trail, land, or other facility administered by him through the Bureau, including purchasers of Government timber and other products, to maintain such facilities in a satisfactory condition commensurate with the particular use requirements of each. Such maintenance to be borne by each user shall be proportionate to total use. The Secretary may also require the user or users of such a facility to reconstruct the same when such reconstruction is determined to be necessary to accommodate such use. If such maintenance or reconstruction cannot be so provided or if the Secretary determines that maintenance or reconstruction by a user would not be practical, then the Secretary may require that sufficient funds be deposited by the user to provide his portion of such total maintenance or reconstruction. Deposits made to cover the maintenance or reconstruction of roads are hereby made available until expended to cover the cost to the United States of accomplishing the purposes for which deposited: Provided, That deposits received for work on adjacent and overlapping areas may be combined when it is the most practicable and efficient manner of performing the work, and cost thereof may be determined by estimates: And provided further, That unexpended balances upon accomplishment of the purpose for which deposited shall be transferred to miscellaneous receipts or refunded.

(d) Fund for user fees for delayed payment to grantor

Whenever the agreement under which the United States has obtained for the use of, or in connection with, the public lands a right-of-way or easement for a road or an existing road or the right to use an existing road provides for delayed payments to the Government’s grantor, any fees or other collections received by the Secretary for the use of the road may be placed in a fund to be available for making payments to the grantor.

Source credit: (Pub. L. 94–579, title V, § 502, Oct. 21, 1976, 90 Stat. 2777.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-579 · 90 Stat. 2777

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-579 on 1976-10-21.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case